Architectural Copyright Register

PS Announcement2020. August 5.

8/2020 entered into force on 7 July 2020. (VI.26.) MvM decree, which lays down the rules for the registration of architectural copyright.

The Ministerial Decree provides for the establishment of a database (Register) as part of the National Register of Construction (OÉNy), operated by the Lechner Knowledge Center.
The Register is a system of registration of copyright-relevant information on architectural works, which helps to keep construction information up-to-date. Within the framework of the Architectural Copyright Register, it is possible to easily and quickly find out the data of the holders of copyrighted architectural works. This database also allows for the voluntary declaration of architectural copyright retrospectively.

It introduces a mandatory declaration according to which, in the case of an architectural work created on the basis of a design contract, the builder and the designer (Parties) submit to the Register the copyright and 59 / B. § (1).
The declaration may be initiated by either Party, but shall require the approval of both Parties. The operator of the Register examines whether the architectural work does not belong to Étv. Within the scope of national planned assets pursuant to Section 2, Clause 41. (If it belongs, the Operator refuses to disclose the declaration, if it is not part of the national plan assets, it places a notice on its website and on the e-epites.hu website, and then registers it within 15 days, unless a dispute is initiated by then.)

It introduces a voluntary declaration in the case of an architectural work created before the entry into force of this Regulation, where any copyright holder may declare his copyright in the work and whether, to his knowledge, another person has such a right in the work.
In this case, the builder's approval is not required for the declaration to take effect. The procedure is now the same as the mandatory declaration steps.

In the event of a dispute, the Operator will mark “disputed” on the data sheet of the architectural work until a written agreement or a final court judgment is reached on the authorship.

From 1 January 2021, the public data of the Register will be available electronically to anyone.

The declaration must be submitted on a paper-based form that can be downloaded from the Operator's website.
mandatory declaration form
voluntary declaration form

You can send your remarks and questions related to the management and use of the Architectural Copyright Register to the e-mail address eszjny@lechnerkozpont.hu.

Ed. 59 / B. § (1)
"(a) the identity of the declarant:
aa) Central Identification Agent (CA) identifier,
(ab) the name of the declarant,
ac) the legal status of the declarant,
(b) the identity of the author (designer), unless he has prohibited the use of his name:
ba) name,
bb) chamber identification,
(c) details of the copyright holder:
ca) name,
(cb) address or registered office,
(cc) in the case of a natural person, the name, place and date of birth of his mother, the type and number of his identity card,
cd) in the case of a non-natural person, the registration number of the company or the data of the court registration,
ce) chamber ID,
cf) telephone number,
cg) e-mail address,
(ch) the method of acquisition. "

ÉTV. 2. § 41.
"National plan assets: architectural and technical documentation of architectural works owned by the state and local government, with the exception of architectural and technical documentation concerning buildings for defense, military and national security purposes, and the state and local government in respect thereof,
(a) Section XVI of 1884 on Copyright. copyright property rights under § 3 of the Act,
(b) Section LIV of 1921 on Copyright. copyright property rights under § 3, § 60, § 67 of the Act,
(c) Section III of the Copyright Act, 1969. copyright usage rights under Section 14 (1) of the Act,
(d) after 1 January 1970, Act IV of 1959 on the Civil Code. copyright property rights pursuant to Section 599 (3) of the Act,
e) Act LXXVI of 1999 on Copyright. Copyright (hereinafter: Szjt.) pursuant to Section 9 (4) and Section 30 of the Copyright Act,
(f) Article 55 / A. § (3) rights of use or property rights
including all architectural and technical documentation of buildings commissioned by state-owned and municipally-owned organizations, on which the customer has acquired the copyright or usage rights. "

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